Gardner v. Underwriters Adjusting Co.

This workmen’s compensation appeal involves an issue similar to that considered in Smith v. Ed’s Pancake House, 27 Or App 361, 556 P2d 158 (1976), viz., which of two successive carriers is to be held responsible for an aggravation claim.

Claimant suffered a back injury on August 14, 1972, while working for Owl Drug Store, whose insurer was Underwriters Adjusting Company. On January 19,1974, the claim against Underwriters was compromised and claimant received an award of seven percent for unscheduled disability. On February 10, 1975, the claimant filed a claim for aggravation. The aggravation…